HIGHER EDUCATION BUBBLE UPDATE: Biden’s Sex Police: The White House’s new regulations will gut due-process rights for college students accused of sexual misconduct.
The new rules recommend a return to a “single investigator” model that was barred under the DeVos reform. This means one administrator can act as detective, prosecutor, judge, and jury on a Title IX complaint. The new rules also undo many of the procedural protections for the accused—including the right to see all the evidence, inculpatory and exculpatory, gathered against him. “It’s an evisceration of the procedural protections given to the accused,” says historian KC Johnson, co-author of The Campus Rape Frenzy: The Attack on Due Process at America’s Universities.
Under the DeVos rules, adjudication of a formal complaint required a live hearing be held that included cross examination. The Biden administration lifts this obligation. The Biden rules also call for a return to investigations initiated by third parties, even if based on rumors or misunderstandings, in which male students can be subjected to Title IX proceedings over the objection of their female partners. (Robby Soave at Reason has a good summary of the Biden proposals.) . . .
One frustrated Title IX coordinator told me she sometimes thought of her job as running “The Break Up Office.” She said many young people lacked the skills to navigate relationships themselves, and often didn’t want to. Why should they? Instead of focusing on punishing students who commit truly bad acts and aiding their victims, campus administrators transmitted the message that recasting any sexual experience as malign, and then reporting it to school authorities, is an act of bravery.
Colleges shouldn’t be policing relationships. Assaults should be reported to the police. Bad experiences not rising to that level should be learned from.